SENATE BILL REPORT

EHB 1309

BYRepresentatives Lux and Wang

Authorizing collective bargaining for district and municipal court employees.

House Committe on Commerce & Labor

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 19, 1988

Senate Staff:Bill Lynch (786-7427)

AS OF FEBRUARY 18, 1988

BACKGROUND:

The Public Employees Collective Bargaining Act covers all municipal and county employees, with specified exceptions.  In 1975, the Washington State Supreme Court decided that certain employees of the superior courts who are paid by the county are only covered under the collective bargaining act with respect to bargaining over wages.  The court determined that the judicial branch was the employer for purposes of hiring, firing and working conditions.

In a 1986 decision, the Public Employment Relations Commission applied the court's reasoning to district court employees.  Relying on the court's pronouncements that the operation of the courts is a matter of state concern rather than local concern, the commission held that district court employees are "state employees" for personnel matters other than wages.  Therefore, these employees are entitled to bargain collectively with the county employer only over wages and wage-related matters.  The commission did not find a requirement for district court judges to bargain collectively over other personnel matters.

The Legislature passed SHB 226 in 1987, making agreements executed under the collective bargaining laws applicable to all executive heads, including judges, of bargaining units.  The governor vetoed the bill.

SUMMARY:

The public employee collective bargaining laws are made applicable to district and municipal courts.  The public employer of the district and municipal court employees with respect to collective bargaining over wage-related matters is the county or municipal legislative authority.  The public employer with respect to nonwage-related matters is the judge or judge's designee. An employee exemption is created for personal assistants of judges or court commissioners, which allows no more than one assistant for each judge or commissioner to be excluded from a bargaining unit.

Appropriation:    none

Revenue:    none

Fiscal Note:      available